Clamped in my own parking space. Any chance to get my money back?

xplicit

Hi all,

First time poster, long time lurker

Today I had my car clamped in my own parking space.

Here's the back story: I recently moved into a new flat, that comes with a private parking space in an underground car park. I've got a parking permit displayed and everything's just fine. However, when I came down this morning I found my car clamped, with the reason given as "no tax". Now... I agree that my tax disk ran out last Friday (31/07), but I do actually have a new tax disk, just because of the weekend I didn't bother to pop it into the car, thinking that as it's a private space and not a public road it didn't matter.

The underground car park is being patrolled by a private clamping company, under contract with the land owners. They made me pay £125, which I paid under protest (on my debit card), as I needed my car, but frankly I am in no mood to accept this lying down. Fine, their signage says they will clamp cars "without tax", but firstly I find that an extremely arbitrary rule, as I should be in my right to park whatever I want in the space - they may as well make up a rule that they will clamp all red cars.

Secondly, it says "without tax", not "without displaying a valid tax disk". I have proof from the DVLA that I paid my tax until January 2010 on 23/07, and am in possession of a valid disk.

Any idea if I stand a chance to recoup the money and what my next step should be? Thanks for your help.

sarahg1969

All you can do is to contact your CC company and ask them to do a chargeback - but you will need to be very firm. Or write a letter before action to the clampers AND the landowner, requesting your money back.

You are entitled to quiet enjoyment of your parking space, and would have been entitled to remove the clamp.

Brodiebobs

hi, as far as i know "no tax" does mean "no tax on display" i know someone who was done for this, they had tax disk at home but wasnt displaying it.

We had a car towed for no tax whilst we were on holiday, but had it returned as we proved it was a unadopted (private) road. The only major issue is that it was the DVLA who towed our car... you state a "private company" clamped yours and as such you'll probably have no comeback from them as they have your money now! But you could always have a try and write a letter stating everything you said and including the proof of tax, you never know as your a resident they may return it.

Good luck, you'll probably need it!

xplicit

Thank you. I just find it all very hard to believe. What's their legal reasoning to extract money from me? Can I just put up a sign in my flat saying "If you don't wear green jeans I will keep your mobile phone, but you can get it back if you pay me £120". Surely that'd be unenforcable. So how can they get away with completely arbitrary rules? Whether my car is taxed or not is between me and the DVLA and not some private company, surely?

gordikin

sarahg1969 wrote: »

All you can do is to contact your CC company and ask them to do a chargeback - but you will need to be very firm. Or write a letter before action to the clampers AND the landowner, requesting your money back.

You are entitled to quiet enjoyment of your parking space, and would have been entitled to remove the clamp.

The OP said they paid the money on a debit card?

sarahg1969

gordikin wrote: »

The OP said they paid the money on a debit card?

Noted.

OP, if this was a Visa debit card, still worth trying for a chargeback. Alternatively, your only option is to pursue both the clamping company and landowner for a refund.

kalaika

Hmmm, sounds like a very odd way of running a private car park. If it's private land, I fail to see why the clamping company should take it upon themselves to clamp you for not showing a valid tax disc. What's it got to do with them!?!?! What if you parked a classic car in your space (no tax disc needed)? What it your car had no MOT? A bald tyre? A cracked windscreen? What if your car was declared as SORN, then again no tax would be needed? Would they still decide in these cases that was suitable grounds to clamp you?

I would suggest writing to both the clampers and the landowner, explain that it was your car, in your space, had a valid parking permit (if you need one) and that you did actually have a valid tax disc (enclose photocopies of your evidence that you bought it on the 23rd). See what they say. (Depending on how brave your feeling, you could tell them to naff off as it's got nothing to do with them anyway, but I probably wouldn't try to annoy them too much as that's one sure fire way to be refused a refund!) If they get funny though, then maybe a letter from your solicitors arguing the point about without tax/tax not on display and see what they say.

sarahg1969

xplicit wrote: »

Thank you. I just find it all very hard to believe. What's their legal reasoning to extract money from me? Can I just put up a sign in my flat saying "If you don't wear green jeans I will keep your mobile phone, but you can get it back if you pay me £120". Surely that'd be unenforcable. So how can they get away with completely arbitrary rules? Whether my car is taxed or not is between me and the DVLA and not some private company, surely?

You are absolutely correct.

As well as pursuing the landowner and clampers for the return of your money, it may be worth getting together with other residents to deal with these rogues, and get them kicked out. Or at least, in the meantime, alerting your neighbours to the goings on, and perhaps investing in a set of bolt croppers between you?

oldagetraveller

kalaika wrote: »

them!?!?! What if you parked a classic car in your space (no tax disc needed)?

Being a bit pedantic and picky here, the bit in brackets is incorrect. A "classic" car still has to display a valid tax disc. Even if it's an "historic vehicle" where the VED is nil, which is written as such on the disc.
Obtained by the usual means and having valid MOT and insurance.

Coblcris

sarahg1969 wrote: »

You are absolutely correct.

As well as pursuing the landowner and clampers for the return of your money, it may be worth getting together with other residents to deal with these rogues, and get them kicked out. Or at least, in the meantime, alerting your neighbours to the goings on, and perhaps investing in a set of bolt croppers between you?

I concur fully and endorse this.

xplicit

Thank you all. That gives me enough reassurance to try my luck. I'll update this thread if I have any news. Thanks again.